Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the agreement between the European Community and the Republic of Belarus on trade in textile products initialled in Brussels on 1 April 199


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22003A1231(05)
 
Agreement in the form of an Exchange of Letters between the European
Community and the Republic of Belarus amending the agreement between
the European Community and the Republic of Belarus on trade in
textile products initialled in Brussels on 1 April 1993, as last
amended by an agreement in the form of an Exchange of Letters
initialled on 11 November 1999
 
Official Journal L 345 , 31/12/2003 P. 0151 - 0155 
 
Dates:
of effect:   01/01/2004; Provisional application
end of validity:   31/12/2004; See Pt 2.2 And 21994A0517(04)
 
Author:
European Community ; Weissrussland
 
Subject matter: External relations ; Commercial policy ; Textiles
Directory code: 11401040
EUROVOC descriptor: bilateral agreement ; EC trade agreement ;
Belarus ; textile product ; trading operation ; quantitative
restriction
 
Legal basis:
102E133................... Adoption
102E300-FR1............... Adoption
Amendment to:
294A0517(04)...... Amendment..... Replacement ANN 2 from 01/01/2004
294A0517(04)...... Amendment..... Replacement ANN 1 from 01/01/2004
294A0517(04)...... Amendment..... Amendment PROT C from 01/01/2004
294A0517(05)...... Extended validity till 31/12/2004
Amended by:
Adopted by.... 303D0915.......... Provisional application from
01/01/2004
 
 
 
 
Agreement in the form of an Exchange of Letters
between the European Community and the Republic of Belarus amending
the agreement between the European Community and the Republic of
Belarus on trade in textile products initialled in Brussels on 1
April 1993, as last amended by an agreement in the form of an
Exchange of Letters initialled on 11 November 1999
 
A. Letter from the Council of the European Union
Sir,
1. I have the honour to refer to the Agreement between the European
Community and the Republic of Belarus on trade in textile products
initialled on 1 April 1993, as last amended and extended by the
Agreement in the form of an Exchange of Letters initialled on 11
November 1999 (hereinafter referred to as the "Agreement").
2. In view of the expiry of the Agreement on 31 December 2003 and in
accordance with Article 19(1) of the Agreement, the European
Community and the Republic of Belarus agree to extend the duration
of the Agreement, for a further period of one year, subject to the
following amendments and conditions:
2.1. Annex I which sets out the products referred to in Article 1 of
the Agreement is replaced by Appendix 1 to this Letter.
2.2. The text of Article 19(1) second and third sentences, of the
Agreement shall be replaced by the following:"It shall be applicable
until 31 December 2004."
2.3. Annex II, which sets out the quantitative restrictions for
exports from the Republic of Belarus to the European Community, is
replaced by Appendix 2 to this Letter.
2.4. The Annex to Protocol C which sets out the quantitative
restrictions for exports from the Republic of Belarus to the
European Community after OPT operations in the Republic of Belarus
is replaced for the period of 1 January 2004 to 31 December 2004 by
Appendix 3 to this Letter.
2.5. Imports into Belarus of textile and clothing products of
European Community origin shall be subject in 2004 to custom duties
not exceeding those provided for 2003 in Appendix 4 of the Agreement
in the form of an Exchange of Letters between the European Community
and the Republic of Belarus initialled on 11 November 1999.
In the case of non-application of these rates the Community will
have the right to reintroduce for the period of the Agreement
remaining unexpired on a pro rata basis the levels for quantitative
restrictions applicable for 2003 as specified in the Exchange of
Letters initialled on 11 November 1999.
3. Should the Republic of Belarus become a Member of the World Trade
Organisation before the date of expiry of the Agreement the
restrictions in force shall be phased out in the framework of the
WTO Agreement on Textiles and Clothing and Belarus' Protocol of
accession to the WTO. In addition, the provisions of Articles 2,
paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17,
Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed
Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed
Minute No 6 shall continue to be applicable as administrative
arrangements within the meaning of Article 2(17) of the WTO
Agreement on Textiles and Clothing.
4. I should be obliged if you could kindly confirm the acceptance of
your Government of the foregoing. Should this be the case, this
Agreement in the form of an Exchange of Letters shall enter into
force on the first day of the month following the day on which the
Parties have notified each other that the legal procedures necessary
to this end have been completed. In the meantime, it shall be
applied provisionally from 1 January 2004 on the condition of
reciprocity.
Please accept, Sir, the assurance of my highest consideration.
 
For the Council of the European Union
 
B. Letter from the Government of the Republic of Belarus
Sir,
I have the honour to refer to the Agreement between the European
Community and the Republic of Belarus on trade in textile products
initialled on 1 April 1993, as last amended and extended by the
Agreement in the form of an Exchange of Letters initialled on 11
November 1999 (hereinafter referred to as the "Agreement"). I hereby
acknowledge receipt of your letter of ... which reads as follows:
"Sir,
1. I have the honour to refer to the Agreement between the European
Community and the Republic of Belarus on trade in textile products
initialled on 1 April 1993, as last amended and extended by the
Agreement in the form of an Exchange of Letters initialled on 11
November 1999 (hereinafter referred to as the 'Agreement').
2. In view of the expiry of the Agreement on 31 December 2003 and in
accordance with Article 19 (1) of the Agreement, the European
Community and the Republic of Belarus agree to extend the duration
of the Agreement, for a further period of one year, subject to the
following amendments and conditions:
2.1. Annex I which sets out the products referred to in Article 1 of
the Agreement is replaced by Appendix 1 to this Letter.
2.2. The text of Article 19(1) second and third sentences, of the
Agreement shall be replaced by the following:'It shall be applicable
until 31 December 2004.'
2.3. Annex II, which sets out the quantitative restrictions for
exports from the Republic of Belarus to the European Community, is
replaced by Appendix 2 to this Letter.
2.4. The Annex to Protocol C which sets out the quantitative
restrictions for exports from the Republic of Belarus to the
European Community after OPT operations in the Republic of Belarus
is replaced for the period of 1 January 2004 to 31 December 2004 by
Appendix 3 to this Letter.
2.5. Imports into Belarus of textile and clothing products of
European Community origin shall be subject in 2004 to custom duties
not exceeding those provided for 2003 in Appendix 4 of the Agreement
in the form of an Exchange of Letters between the European Community
and the Republic of Belarus initialled on 11 November 1999.
In the case of non-application of these rates the Community will
have the right to reintroduce for the period of the Agreement
remaining unexpired on a pro rata basis the levels for quantitative
restrictions applicable for 2003 as specified in the Exchange of
Letters initialled on 11 November 1999.
3. Should the Republic of Belarus become a Member of the World Trade
Organisation before the date of expiry of the Agreement the
restrictions in force shall be phased out in the framework of the
WTO Agreement on Textiles and Clothing and Belarus' Protocol of
accession to the WTO. In addition, the provisions of Articles 2,
paragraphs 2 and 3, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17,
Protocol A, Protocol B, Protocol C, Agreed Minute No 1, Agreed
Minute No 2, Agreed Minute No 3, Agreed Minute No 4 and Agreed
Minute No 6 shall continue to be applicable as administrative
arrangements within the meaning of Article 2(17) of the WTO
Agreement on Textiles and Clothing.
4. I should be obliged if you could kindly confirm the acceptance of
your Government of the foregoing. Should this be the case, this
Agreement in the form of an Exchange of Letters shall enter into
force on the first day of the month following the day on which the
Parties have notified each other that the legal procedures necessary
to this end have been completed. In the meantime, it shall be
applied provisionally from 1 January 2004 on the condition of
reciprocity.
Please accept, Sir, the assurance of my highest consideration."
I have the honour to confirm that my Government is in agreement with
the content of your letter.
Please accept, Sir, the assurance of my highest consideration.
 
For the Government of the Republic of Belarus
 
 
 
 
Appendix 1
 
Annex I to the Agreement between the European Community and Belarus
on trade in textile products initialled on 1 April 1993, containing
the category and goods descriptions for textiles products, is
replaced by Annex I to Regulation (EC) No 3030/93(1). It is
understood that without prejudice to the rules for the
interpretation of the combined nomenclature, the wording of the
description of goods is considered to be of indicative value only,
since the products covered by each category are determined within
that Annex by CN codes. Where there is an "ex" symbol in front of a
CN code, the products covered in each category are determined by the
scope of the CN code and by that of the corresponding description.
 
(1) OJ L 357, 31.12.2002, p. 91.
 
 
Appendix 2
 
 
 
 
ANNEX II
 
 
>TABLE POSITION>
 
 
Appendix 3
 
 
 
 
ANNEX to Protocol C
 
 
>TABLE POSITION>